Legal Question in Business Law in West Virginia
Breach of Building contract
I have a contract signed by both parties, and noterized. Everything was signed, and payed at bank, and Insurace company. When date came to start construction, contractor showed up and stated he could not do job without up front money. And what he was asking for was over 50% of total of money borrowed.
The orginal verbal agreement was to pay for materials C.O.D., and pay him a weekly payroll.
There are nothing in contact about up front payment. Can I sue for Breach of Contract?
1 Answer from Attorneys
Re: Breach of Building contract
I offer no opinion having not read the contract. However, I urge you not to give up front money, for a variety of reasons, but especially because it was not your agreement. This should tell you something about the contractor and possible future dealings (i.e. problems). Yes you can sue, but better to simply get a contractor who will keep thier word, and if you have included specifications specific to the job, you might even recover. Also, always get lien relases for all money s you pay not only form the contractor but the subs as well. This is complicated stuff, and if the work is over a thousand dollars Iurge you to get legal counsel.
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